King

King v. City of Antioch

Good Law
United States District Court, Northern District of CaliforniaJanuary 19, 20213:20-cv-06535California664 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TROY KING, Case No. 20-cv-06535-AGT

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

CITY OF ANTIOCH, et al., Re: Dkt. No. 10 Defendants.

The City of Antioch and the Antioch Police Department, collectively referred to here as “Antioch,” have moved to dismiss pro se plaintiff Troy King’s claims against them. Their motion raises two grounds for dismissal. Both have merit. 1. Under California’s Tort Claims Act, King cannot pursue his tort claim for conversion, for which he seeks damages, until he presents the claim in writing to Antioch, and until Antioch rejects it in whole or in part. See Cal. Gov’t Code §§ 905, 945.4; Mangold v. Cal. Pub. Utils. Comm’n, 67 F.3d 1470, 1477 (9th Cir. 1995). King hasn’t alleged that these prerequisites have occurred, so his conversion claim cannot currently proceed. See Shirk v. Vista Unified Sch. Dist., 42 Cal. 4th 201, 209 (2007) (declaring that the Tort Claims Act’s…

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